Commission  Plan 


-OF- 


City  Government 


From  Laws  of  Nebraska 

1911 


-  VusNs,  K* 


Issued  by  the  City  of  Omaha 
THOMAS  J.  FLYNN 

City  Clerk 


f 


Commission  Plan  City  Government. 

LAWS  NEBRASKA,  1911. 


« 


“v,. 


I 


AN  ACT  for  the  Government  of  all  Cities  having,  according 
to  the  last  preceding  State  or  National  Census,  Five 
Thousand  or  more  Population,  and  to  enable  such  cities 
to  adopt  the  Provisions  of  this  Act  called  the  Com¬ 
mission  Plan  of  City  Government. ' 

Be  it  Enacted  hy  the  Legislature  of  the  State  of  Nebraska: 

Section  1.  (Cities  applicable  to  act.)  Any  city  in 
this  state  now  or  hereafter  having,  according  to  the  last 
officially  taken  and  promulgated  state  or  national  census, 
five  thousand  or  more  population,  may  adopt  the  provi¬ 
sions  of  this  act  and  be  governed  thereunder  by  proceeding 
as  hereinafter  provided. 

Sec.  2.  (Proposition — Election.)  Within  twenty  days 
after  the  filing  of  a  petition  with  the  City  Clerk  of  any  such 
city  signed  by  such  a  number  of  electors  qualified  to  vote  at 
the  last  preceding  general  city  or  state  election  held  within 
any  such  city  as  equals  twenty-five  per  centum  of  the  votes 
cast  for  all  candidates  for  Mayor  at  such  preceding  general 
city  election,  the  Mayor  of  any  such  city  shall  by  appropriate 
proclamation  and  notice,  call  and  proclaim  a  special  election 
to  be  held  upon  a  date  fixed  in  such  proclamation  and 
notice  which  date  shall  not  be  less  than  thirty  nor  more 
than  sixty  days  after  the  date  and  issuance  of  such  procla¬ 
mation.  After  the  filing  of  any  petition  provided  for  in  this 
act  no  signer  thereon  shall  be  permitted  to  withdraw  his 
name  therefrom.  At  such  special  election  the  proposition 
of  adopting  the  provisions  of  this  act  shall  be  submitted  to 
the  electors  of  any  such  city  and  such  proposition  shall  be 
stated  thus:  “Shall  the  city  of  (name  of  city)  adopt  the 
provisions  of  (naming  the  chapter  of  the  published  law 
containing  this  act)  called  the  ‘Commission  Plan  of  City 
Government?’  ”  And  the  paper  ballot  to  be  used  and 
method  of  voting  at  such  special  election  shall  be  only  those 
provided  by  what  is  known  as  the  “Australian  Ballot  Law” 
of  the  state,  and  the  ballot  shall  afford  facility  for  casting 
a  “Yes”  or  “No”  vote  by  making  a  cross  as  indicated  by 
said  ballot  law.  In  all  other  respects  such  special  election 
shall  be  held  and  conducted  and  the  vote  canvassed,  and 
the  result  declared  as  by  law  provided  for  the  holding  and 
conducting  of  a  general  city  election  in  any  such  city,  and 
all  officers  charged  with  any  duty  respecting  the  calling, 


1 


holding  and  conducting  of  any  such  general  city  election 
shall  perform  such  duties  for  and  at  such  special  election. 

Sec.  3.  (Proposition,  resubmission.)  If  said  proposi¬ 
tion  be  not  adopted  at  any  such  special  election  by  a 
majority  vote,  the  question  of  adopting  it  shall  not  be 
again  submitted  in  any  such  city  within  two  years  thereafter. 

Sec.  4.  (Councilmen,  election.)  If  said  proposition 
be  adopted,  then  at  the  next  regular  or  general  city  elec¬ 
tion  provided  by  law  in  any  such  city  there  shall  be  elected, 
not  by  or  from  wards  or  districts,  but  at  large,  the  follow¬ 
ing  officers  and  none  others,  to  wit:  In  cities  containing 
one  hundred  thousand  or  more  population,  according 
to  said  census,  seven  councilmen;  in  cities  containing  over 
.twenty-five  thousand  and  less  than  one  hundred  thousand 
population,  according  to  such  census,  five  councilmen; 
and  in  cities  containing  over  five  thousand  and  less  than 
twenty-five  thousand,  according  to  such  census,  three 
councilmen.  Provided,  however,  that  if  said  proposition 
be  not  adopted  at  any  such  special  election  at  least  fifty 
days  prior  to  the  date  of  holding  the  next  general  or  regular 
city  election  provided  by  law  in  any  such  city,  then  such 
city  shall  continue  to  be  governed  under  its  existing  laws 
and  the  councilmen  hereinbefore  provided  for,  shall  be 
elected  at  the  next  general  or  regular  city  election  there¬ 
after  occurring  in  any  such  city. 

Sec.  5.  (Same,  nomination.)  Candidates  for  the 
office  of  councilmen  provided  for  in  this  act  shall  be  nomi¬ 
nated  at  large,  at  a  primary  election  and  no  other  name 
shall  be  placed  upon  the  official  ballot  to  be  used  at  said 
regular  or  general  city  election  except  those  selected  at  such 
primary  in  the  manner  hereinafter  prescribed.  Notwith¬ 
standing  any  more  general  law  respecting  the  time  or  man¬ 
ner  of  holding  primary  elections,  the  primary  election  for 
such  nominations  shall  be  held  in  all  cities  containing,  ac¬ 
cording  to  such  census,  over  twenty-five  thousand  popula¬ 
tion,  on  the  fourth  Tuesday,  and  in  all  cities  containing, 
according  to  such  census,  over  five  thousand  and  less  than 
twenty-five  thousand  population,  on  the  third  Tuesday  pre¬ 
ceding  the  date  of  the  general  or  regular  city  election  pro¬ 
vided  by  the  then  existing  law  in  any  such  city,  and  any 
person  desiring  to  become  a  candidate  for  councilman  shall, 
at  least,  ten  days  prior  to  the  date  of  holding  such  primary  ^ 
file  with  the  City  Clerk  a  statement  of  such  candidacy  in 
substantially  the  following  form,  to  wit: 


“State  of  Nebraska, . County:  ss. 

I, . .  being  first  duly  sworn,  say 

that  I  reside  at  No . street  in  the  city  of . 

county  of . and  state  of  Nebraska;  that  I  am 


a  qualified  voter  of  said  city;  that  I  am  a  candidate  for  the 


2 


nomination  of  the  office  of  Councilman  to  be  voted  upon  at 

the  primary  election  to  be  held  on  the . 

day  of . 19 . ,  and  I  hereby  request 

that  my  name  be  printed  upon  the  official  primary  ballot 
for  nomination  by  such  primary  election  for  said  office. 

(Signed) . ; . ” 

Subscribed  and  sworn  to  before  me  by  the  said . 

this . day  of . ly . 

I  (Signed) . . ^ . . 

And  such  person  shall  at  the  same  time  file  with  such  state¬ 
ment  a  petition  signed  by  at  least  twenty-five  qualified 
voters  in  all  cities  containing,  according  to  such  census, 
over  five  thousand  and  less  than  twenty-five  thousand  pop- 
*  ulation  and  in  all  cities  containing,  according  to  said  census, 
over  twenty-five  thousand  population  signed  by  at  least  one 
hundred  qualified  voters,  requesting  such  candidacy, and  he 
shall  pay  to  the  city  treasurer  a  filing  fee,  to  aid  in  the  ex¬ 
pense  of  holding  such  primary,  of  $10.00  and  obtain  a  re¬ 
ceipt  from  the  treasurer  therefor,  which  shall  be  produced 
to  and  filed  with  said  City  Clerk  before  filing  such  petition; 
and  the  said  petition  shall  be  substantially  in  the  following 
form,  to  wit: 

“The  undersigned,  duly  qualified  electors  of  the  city 

of . ,  and  residing  at  the  places  set  opposite 

our  respective  names  hereto  attached,  do  hereby  request 

that  the  name  of . be  placed  on  the 

official  ballot  as  a  candidate  for  nomination  for  the  office 
of  councilman  at  the  primary  election  to  be  held  in  said 

city  on  the . day  of . 19.  .  . 

We  further  state  that  we  know  him  to  be  a  qualified  elector 
of  said  city  and  a  man  of  good  moral  character  and  well 
qualified,  in  our  judgment,  for  the  duties  of  such  office. “ 

Sec.  6.  (Prirnary  election.)  Notwithstanding  any 
more  general  law  respecting  primary  elections  in  force  in 
the  state,  the  official  ballot  to  be  prepared  and  used  at  such, 
primary  shall  be  in  substantially  the  following  form,  insert¬ 
ing  in  the  blanks  the  name  of  the  city  and  the  number  of 
Councilmen  to  be  elected  in  the  particular  city  where  such 
primary  is  to  be  held  and  placing  simply  the  names  of  all 
candidates  upon  the  ticket  without  any  party  designation, 

^  circle  or  mark  whatever,  to  wit: 

“Candidates  for  nominations  for  councilmen  of  the  city 
of . at  the  primary  election. 

Vote  for  Only . 

(Names  of  candidates) . Q 

^  And  in  all  other  respects  the  general  character  of  the 
paper  ballot  to  be  used  shall  be  the  same  as  authorized  by 
the  “Australian  Ballot  Law”  of  the  state.  In  printing,  the 
names  shall  not  be  arranged  alphabetically  but  shall  be  ro- 


3 


tated  according  to  the  following  plan,  to  wit:  The  form 
shall  be  set  up  by  the  printer  with  the  names  in  the  order 
in  which  they  are  placed  upon  the  sample  ballot  prepared 
by  the  City  Clerk  or  officer  whose  duty  shall  be  to  have  the 
ballots  prepared,  and  in  printing  the  ballots  for  the  various 
election  districts  or  precincts,  the  position  of  the  names 
shall  be  changed  for  each  election  district,  in  making  the 
change  of  position  the  printer  shall  take  the  line  of  type  con¬ 
taining  the  name  at  the  head  of  the  form  and  placing  it  at 
the  bottom,  shoving  up  the  column  so  that  the  name  that 
was  second  before  the  change,  shall  be  the  first  after  the 
change.  After  receiving  such  ballot  from  the  election 
judges,  endorsed  by  them  as  byjlawjprovided,  the  voters 
shall,  mark  and  cast  such  ballot,  any  voter  who  shall  declare 
that  he  will  require  assistance  in  voting  shall  be  aided  in  the 
manner  provided  by  general  law.  The  polls  at  any  such 
primary  election  in  any  city  containing  over  twenty-five 
thousand  population,  according  to  such  census,  shall  open 
at  eight  o’clock  A.  M.  and  close  at  nine  o’clock  P.  M.,  and  in 
cities  containing  over  five  thousand  and  less  than  twenty- 
five  thousand  population,  according  to  such  census,  the 
poll's  shall  open  for  such  primary  at  twelve  o’clock  M.,  and 
close  at  nine  o’clock  P.  M.  In  all  other  respects  such  pri¬ 
mary  election  shall  be  held  and  conducted  and  the  vote  can¬ 
vassed  and  the  result  declared  as  by  law  provided  for  hold¬ 
ing  other  city  primary  elections  in  any  city  embraced  in 
the  class  to  which  any  general  state  primary  law  applies; 
and  if  such  primary  election  be  held  in  any  city  to  which, 
as  to  city  elections,  the  general  primary  laws  of  the  state 
do  not  apply,  then  such  primary  election  shall  be,  except 
in  the  respects  hereinbefore  provided,  proclaimed,  noticed, 
held  and  conducted  and  the  vote  canvassed  and  the  result 
declared  as  by  law  provided  for  holding  the  general  or  regu-  • 
lar  city  election  in  any  such  city;  and  all  officers  charged 
with  any  duty  respecting  the  proclaiming,  holding  and 
conducting  of  any  such  general  or  regular  city  election,  in 
any  such  city,  shall  perform  such  duties  for  and  at  such 
primary  election. 

Sec.  7.  (Candidates,  how  chosen.)  The  fourteen 
candidates  receiving  the  highest  number  of  votes  at  such 
primary  election  held  in  any  city  containing  over  one  hun¬ 
dred  thousand  population,  according  to  said  census,  or  all 
candidates,  if  there  be  less  than  fourteen  upon  the  primary 
ballot,  shall  be  the  candidates  and  the  only  candidates 
whose  names  shall  be  placed  upon  the  official  ballot  for 
councilmen  at  such  regular  or  general  city  election  in  such  ^ 
city;  and  in  any  city  containing  over  twenty-five  thousand 
and  less  than  one  hundred  thousand  population,  according 
to  such  census,  the  ten  candidates  receiving  the  highest 


4 


number  of  votes  at  such  primary,  or  all  candidates,  if  there 
be  less  than  ten  on  the  primary  ballot,  shall  be  the  candi¬ 
dates,  and  the  only  candidates,  whose  names  shall  be 
placed  upon  the  official  ballot  for  councilmen  at  such 
regular  or  general  city  election  in  any  such  city,  and  in  any 
city  containing  over  five  thousand  and  less  than  twenty- 
five  thousand  population,  according  to  such  census,  the 
six  candidates  receiving  the  highest  number  of  votes  at 

^  such  primary,  or  all  candidates,  if  there  be  less  than  six 
on  the  primary  ballot,  shall  be  the  candidates  and  the  only 
candidates,  whose  names  shall  be  placed  upon  the  official 
ballot  for  Councilmen  at  such  general  city  election  in  any 
such  city. 

^  Sec.  8.  (Election.)  At  the  regular  or  general  city 

election  at  which  such  candidates  so  nominated  are  to  be 
elected,  the  ballot  shall  be  prepared  in  substantially  the 
same  general  form  and  the  names  rotated  as  hereinbefore 
provided  for  their  nomination  at  the  primary  election;  and 
the  three,  five  or  seven  persons,  as  the  case  may  be  receiving 
the  highest  number  of  votes  shall  be  the  councilmen  elected. 
In  all  other  respects  the  general  laws  in  force  in  any  such 
city  respecting  the  holding  and  conducting  and  declaring 
the  result  of  any  such  regular  or  general  city  election  shall 
apply,  so  far  as  the  same  are  applicable  and  not  inconsistent 
with  the  provisions  of  this  act. 

Sec.  9.  (Councilmen,  qualification,  term.)  Said 
Councilmen  shall  qualify  and  give  bond  in  the  manner  and 
amount  provided  by  the  existing  laws  governing  the  city 
wherein  they  are  elected,  and  terms  of  office  of  such 
councilmen  shall  commence  and  terminate  at  such  times  as 
may  be  provided  by  the  laws  governing  the  cities  wherein 
they  are  elected,  and  if  any  vacancy  occur  in  such  office,  the 
remaining  members  of  the  council  shall  appoint  a  person 
to  fill  such  vacancy  for  the  balance  of  the  term;  and  the 
terms  and  office  of  the  Mayor  and  Councilmen  in  any  such 
city  in  office  at  the  beginning  of  the  term  of  office  of  the 
Councilmen  first  elected  under  the  provisions  of  this  act, 
shall  then  cease,  and  the  terms  of  office  of  all  other  elective 
or  appointive  officers  in  force  within  or  for  any  such  city, 
except  as  herein  otherwise  provided,  shall  cease  as  soon  as 
the  council  herein  provided  for  shall  select  or  appoint  their 
<  successors  and  such  successors  qualify  and  give  bond  as  by 
law  provided,  or  as  soon  as  such  Council  shall  by  resolution 
declare  the  terms  of  any  such  elective  or  appointive  officers 
at  an  end  or  abolish  or  discontinue  the  office. 

4  Sec.  10.  (Salaries.)  In  all  cities  containing  one 
hundred  thousand  or  more  population,  according  to  such 
census,  the  annual  salary  of  each  of  such  Councilmen  shall 
be  Four  Thousand  Five  Hundred  Dollars  ($4,500.00).  In 


5 


all  cities  containing  forty  thousand  and  less  than  one  hun¬ 
dred  thousand  population,  according  to  such  census,  the 
annual  salary  of  each  of  such  Councilmen  shall  be  Two 
Thousand  Dollars  ($2,000.00).  In  all  cities  containing 
twenty-five  thousand  and  less  than  forty  thousand  popula¬ 
tion,  according  to  such  census,  the  annual  salary  of  each  of 
such  Councilmen,  shall  be  One  Thousand  Dollars  ($1,000). 

In  all  cities  containing  seven  thousand  and  less  than  twenty- 
five  thousand  population,  according  to  such  census,  the 
annual  salary  of  each  of  such  Councilmen  shall  be  fixed  by 
ordinance,  not  to  exceed,  however,  the  sum  of  One  Thou¬ 
sand  Dollars  ($1,000.00).  And  in  all  cities  containing  five 
thousand  and  less  than  seven  thousand  population,  accord¬ 
ing  to  such  census,  the  annual  salary  of  such  Councilmen 
shall  be  Three  Hundred  Dollars  ($300.00).  Provided,  how¬ 
ever,  that  the  Mayor  in  any  of  such  cities,  selected  and 
appointed  in  the  manner  hereinafter  provided,  shall  receive 
in  addition  to  his  salary  as  Councilman,  the  following 
amounts,  to  wit:  In  cities  containing  one  hundred  thousand 
or  more  population,  according  to  such  census.  Five  Hundred 
Dollars  ($500.00).  In  cities  containing  forty  thousand  and 
less  than  one  hundred  thousand  population,  according  to 
to  such  census.  Five  Hundred  Dollars  ($500.00).  In  cities 
containing,  according  to  such  census,  twenty-five  thousand 
and  less  than  forty  thousand  population.  Five  Hundred 
($500.00)  Dollars.  In  cities  containing  seven  thousand  and 
less  than  twenty-five  thousand  population,  according  to 
such  census.  Three  Hundred  Dollars  ($300.00),  and  in 
cities  containing  five  thousand  and  less  than  seven  thousand 
population,  according  to  such  census.  Two  Hundred  Dollars 
($200.00).  Such  salaries,  and  additional  amounts  to  the 
Mayor,  shall  be  paid  in  equal  monthly  installments  in  any 
of  such  cities. 

The  salary  or  compensation  of  all  other  officers  or 
employes  of  any  such  cities  shall  be  determined  when  they 
are  appointed  or  elected  by  the  said  Council  and  shall  be 
payable  at  such  periods  as  the  said  Council  shall  determine. 

Sec.  11.  (Council,  powers,  duties.)  The  said  council 
herein  provided  for,  upon  taking  office,  shall  have,  possess 
and  exercise,  by  itself  or  through  such  methods  as  it 
may  provide,  all  executive  or  legislative  or  judicial  pow-  , 

ers  and  duties  hitherto  held,  possessed  or  exercised  under 
the  then  existing  laws  governing  any  such  city,  by  the 
Mayor  or  Mayor  and  City  Council  or  Water  Commissioners 
or  Water  Board  or  Water  and  Light  Commissioner  or  Board 
of  Fire  and  Police  Commissioners  or  Board  of  Fire  and  Po-  v 
lice  Commissioners  or  Park  Commissioners  or  Park  Board 
or  Excise  Board  or  members  thereof  or  Fire  Warden,  and 
the  powers,  duties  and  office  of  such  Fire  Warden  and  of 
all  such  boards  and  the  members  thereof  shall  then  and 

G 


thereupon  cease  and  terminate;  and  the  powers,  duties  and 
officers  of  all  other  boards  created  by  statute  for  the  govern¬ 
ment  of  any  such  city  shall  also  thereupon  cease  and  term¬ 
inate;  provided,  however,  nothing  herein  contained  shall 
be  so  construed  as  to  interfere  with  the  powers,  duties,  au¬ 
thority  and  privileges  that  have  been,  are  or  may  be  here¬ 
after  conferred  and  imposed  upon  the  Water  Board  in  Met¬ 
ropolitan  cities  as  prescribed  by  law,  or  shall  affect  the 
power  or  office  of  city  school  or  school  district  officers  or 
office,  nor  of  any  office  or  officer  named  in  the  state  consti¬ 
tution  exercising  office,  powers  or  functions  within  any  such 
city;  and  such  council,  upon  taking  office,  shall  have  and 
may  exercise  all  executive  or  legislative  or  judicial  powers 
possessed  or  exercised  by  any  other  officer  or  board  hitherto 
provided  by  law  for  or  within  any  such  city,  except  officers 
named  in  the  state  constitution;  and  the  executive  and  ad¬ 
ministrative  powers,  authorities  and  duties  in  such  cities 
shall  be  distributed  into  and  among  departments  as  follows, 
to  wit: 

In  cities  containing  one  hundred  thousand  population 
or  more,  according  to  such  census,  as  follows:  1.  Depart¬ 
ment  of  Public  Affairs;  2.  Department  of  Accounts  and  Fi¬ 
nances;  3.  Department  of  Police,  Sanitation  and  Public 
Safety;  4.  Department  of  Fire  Protection  and  Water  Sup¬ 
ply;  5.  Department  of  Street  Cleaning  and  Maintenance; 
6.  Department  of  Public  Improvements;  7.  Department  of 
Parks  and  Public  Propetty.  In  cities  containing  twenty- 
five  thousand  and  less  than  one  hundred  thousand  popula¬ 
tion,  according  to  such  census,  as  follows:  1.  Department 
of  Public  Affairs;  2.  Department  of  Accounts  and  Finances; 
3.  Department  of  Public  Safety;  4.  Department  of  Streets 
and  Public  Improvements;  5.  Department  of  Parks  and 
Public  Property.  In  cities  containing  five  thousand  and 
less  than  twenty-five  thousand,  according  to  such  census, 
as  follows:  1.  Department  of  Public  Affairs  and  Public 
Safety.  2.  Department  of  Accounts  and  Finances.  3.  De¬ 
partment  of  Streets,  Public  Improvements  and  Public 
Property.  And  the  Council  shall  provide,  as  nearly  as  may 
be,  the  powers  and  duties  to  be  exercised  and  performed  by 
and  assign  them  to  the  appropriate  departments  and  may 
prescribe  the  powers  and  duties  of  all  officers  and  employes 
^  of  the  city  and  may  assign  particular  officers  or  employes 
to  more  than  one  of  the  departments  and  may  require  any 
officer  or  employe  to  perform  duties  in  two  or  more  of  the 
departments  and  may  make  such  other  rules  and  regulations 
^  as  may  be  necessary  or  proper  for  the  efficient  and  econom¬ 
ical  management  of  the  business  affairs  of  the  city. 

Sec.  12.  (Mayor,  President,  Superintendent.)  The 

Council  in  all  such  cities  shall,  at  its  first  meeting,  elect  by 


7 


a  majority  vote  one  of  its  members  President  of  the  council 
and  he  shall  be  styled  and  known  as  Mayor  of  the  city,  but 
he  shall  have  no  power  to  veto  any  ordinance,  resolution  or 
measure  passed  by  the  Council,  and  he  shall  preside  at  all 
meetings  of  the  City  Council;  and  the  council  shall  also 
at  such  meeting,  or  as  soon  as  practicable  thereafter,  in 
cities  containing  one  hundred  thousand  or  more  population, 
according  to  such  census,  designate  by  a  majority  vote  one 
Councilman  to  be  Superintendent  of  the  department  of  Ac¬ 
counts  and  Finances,  one  to  be  Superintendent  of  the  de¬ 
partment  of  Police,  Sanitation  and  Public  Safety,  one  to  be 
Superintendent  of  the  department  of  Fire  Protection  and 
Water  Supply,  one  to  be  Superintendent  of  the  department 
of  Street  Cleaning  and  Maintenance,  one  to  be  Superintend¬ 
ent  of  the  department  of  Public  Improvements  and  one  to 
be  Superintendent  of  the  department  of  Parks  and  Public 
Property,  and  the  Mayor  of  the  city  shall  be  the  Superin¬ 
tendent  of  the  department  of  Public  Affairs;  and  in  cities 
containing  twenty-five  thousand  population  and  less  than 
one  hundred  thousand  population,  the  council  shall  at  such 
meeting,  or  as  soon  as  practicable  thereafter,  designate  by 
a  majority  vote  one  councilman  to  be  Superintendent  of  the 
department  of  Accounts  and  Finances,  one  to  be  Superin¬ 
tendent  of  the  department  of  Public  Safety,  one  to  be 
Superintendent  of  the  department  of  Streets  and  Public  Im¬ 
provements  and  one  to  be  Superintendent  of  the  depart¬ 
ment  of  Parks  and  Public  Property,  and  the  Mayor  in  such 
last  named  city  shall  be  the  Superintendent  of  the  depart¬ 
ment  of  Public  Affairs;  in  cities  containing  five  thousand 
population  and  less  than  twenty-five  thousand  population, 
the  council  shall  at  such  meeting,  or  as  soon  as  practicable 
thereafter,  designate  by  a  majority  vote,  one  Council¬ 
man  to  be  Superintendent  of  department  of  Streets,  Pub¬ 
lic  Improvements  and  Public  Property;  one  Councilman  to 
be  Superintendent  of  Public  Accounts  and  Finances,  and 
the  Mayor  in  such  last  named  city  shall  be  Superintendent 
of  Department  of  Public  Affairs  and  Public  Safety,  and  in 
all  of  said  cities  the  Superintendent  of  the  department  of 
Accounts  and  Finances  shall  be  Vice  President  of  the 
City  Council  and  in  the  absence  or  inability  of  the  Mayor  to 
serve  shall  perform  the  duties  of  the  Mayor  of  the  city,  and 
in  case  of  vacancy  in  the  office  of  Mayor  by  death  or  other¬ 
wise,  said  Vice  President  shall  perform  the  duties  of  Mayor 
of  the  city  until  such  time  as  the  Council,  after  filling  the 
office  of  Councilman  left  vacant,  shall  select  another  or  new 
Chairman  and  Mayor,  which  it  shall  do  in  case  of  such  ^ 
vacancy,  at  the  first  Council  meeting,  or  as  soon  as  practic¬ 
able  thereafter,  after  such  vacancy  occurs;  and  in  all  of  such 
cities  the  Council  may  change  the  superintendency  of  any 


8 


of  said  departments,  except  that  of  public  affairs,  from  one 
of  said  councilmen  to  another  whenever  it  appears  that  the 
public  service  and  management  of  the  business  affairs  of  the 
city  would  be  benefited  by  such  change. 

Sec.  13.  (Officers.)  The  Council  shall  at  its  first  meet¬ 
ing,  or  just  as  soon  as  possible  thereafter,  elect  as  many  of 
the  city  officers  provided  for  by  the  then  existing  laws  or 
ordinances  governing  any  such  city  as  may,  in  the  judg¬ 
ment  of  the  council,  be  essential  and  necessary  to  the  eco¬ 
nomical,  but  efficient  and  proper  conducting  of  the  govern¬ 
ment  of  the  city,  and  shall  at  the  same  time  fix  the  salaries 
of  the  officers  so  elected  either  by  providing  that  such  salar¬ 
ies  shall  remain  the  same  as  fixed  by  the  then  existing 
laws  or  ordinances  for  such  officers  or  may  then  raise  or 
lower  the  existing  salaries  of  any  such  officers,  and  the 
Council  may  modify  the  powers  or  duties  of  any  such  officers 
as  provided  by  then  existing  laws  or  ordinances  or  may  com¬ 
pletely  define  and  fix  such  powers  or  duties  anew;  and  any 
such  officers  or  any  assistant  or  employe  elected  or  ap¬ 
pointed  by  the  Council  may  be  removed  by  the  Council  at 
anytime.  Provided  however,  that  in  cities  of  the  metropoli¬ 
tan  class  no  member  or  officer  of  the  police  department,  or 
department  of  Police,  Sanitation  and  Public  Safety  or  of 
the  Fire  Department  or  Department  of  Fire  Protection  and 
Water  Supply  shall  be  discharged  for  political  reasons,  nor 
shall  a  person  be  employed  or  taken  into  either  of  said 
departments  for  political  reasons.  Before  any  such 
officer  or  employe  can  be  discharged  charges  must  be  filed 
against  him  before  the  council  and  a  hearing  had  thereon, 
and  an  opportunity  given  such  officer  or  employe  to 
defend  against  such  charges,  but  this  provisions  shall  not 
be  construed  to  prevent  peremptory  suspension  of  such 
member  by  the  Council  in  case  of  misconduct  or  neglect  of 
duty  or  disobedience  of  orders.  Whenever  any  such  suspen¬ 
sion  is  made  charges  shall  be  at  once  filed  by  the  council 
with  the  officer  having  charge  of  the  records  of  the  council 
and  a  trial  had  thereon  at  a  second  meeting  of  the  council 
after  such  charges  are  filed.  For  the  purpose  of  hearing 
such  charges  the  Council  shall  have  power  to  enforce  at¬ 
tendance  of  witnesses,  the  production  of  books  and  papers, 
and  to  administer  oaths  to  witnesses  in  the  same  manner 
^  and  with  like  effect  and  under  the  same  penalty,  as  in  the 
case  of  magistrates  exercising  civil  and  criminal  jurisdiction 
under  the  Statutes  of  the  State  of  Nebraska. 

Sec.  14.  (Offices.)  The  Council  shall  have  power  to 
^  discontinue  any  employment  or  abolish  any  office  at  any 
time  when,  in  the  judgment  of  the  Council,  such  employ¬ 
ment  or  office  is  no  longer  necessary,  and  the  Council  shall 
have  power,  at  any  time  and  at  any  meeting,  to  create  any 


9 


office  or  board  it  deems  necessary  and  fix  their  salaries  and 
it  may  create  a  board  of  three  or  more  members  composed  of 
other  officers  of  the  city  and  confer  upon  such  board  any 
power  not  required  to  be  exercised  by  the  Council  itself  and 
may  require  such  other  officers  to  serve  upon  any  such 
board  and  perform  the  services  required  of  it  with  or  with¬ 
out  any  additional  pay  for  such  additional  service. 

Sec.  15.  (Meetings.)  The  first  meeting  of  the  Council 
provided  for  in  this  act  shall  be  held  on  the  first  Monday  / 
after  the  election  of  such  Councilmen  and  thereafter  the  reg¬ 
ular  meetings  of  such  Council  shall  be  held  in  cities  contain¬ 
ing  over  one  hundred  thousand  population,  according  to 
such  census,  at  least  once  in  each  week  and  upon  such  day 
and  hour  as  the  Council  may  designate;  and  in  all  other  such 
cities  the  regular  meetings  of  the  council  shall  be  held  at 
such  intervals  and  upon  such  day  and  hour  as  the  Council 
may  by  ordinance  or  resolution  designate;  and  special  meet¬ 
ings  of  the  Council  in  any  of  such  cities  may  be  called,  from 
time  to  time,  by  the  Mayor  or  two  Councilmen,  giving 
notice  in  such  manner  as  may  be  fixed  or  defined  by  existing 
law  or  ordinance  in  any  of  such  cities  or  as  shall  be  fixed  by 
ordinance  or  resolution  by  such  Council.  A  majority  of 
such  Council  shall  constitute  a  quorum  for  the  transaction 
of  any  business,  but  it  shall  require  a  majority  vote  of  the 
whole  Council  in  any  such  city  to  pass  any  measure  or 
transact  any  business. 

Sec.  16.  (Public  Offices,  Mayor,  duty.)  The  Mayor 
and  Councilmen  shall  maintain  offices  at  the  City  Hall  and 
the  Mayor  shall,  in  a  general  way,  constantly  investigate 
all  public  affairs  concerning  the  city’s  interest  and  investi¬ 
gate  and  ascertain,  in  a  general  way,  the  efficiency  and 
manner  in  which  all  departments  of  the  city  government 
are  being  conducted,  and  he  shall  recommend  to  the  City 
Council  all  such  matters  as  in  his  judgment  should  receive 
the  investigation,  consideration  or  action  of  that  body. 

Sec.  17.  (Political  views.)  Any  officer  or  employe  of 
such  city  who,  by  solicitation  or  otherwise,  shall  exert 
his  influence  directly  or  indirectly  to  influence  any  other 
officers  or  employes  of  such  city  to  adopt  his  political  views 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars  or  ^ 
be  imprisoned  in  the  County  Jail  not  exceeding  thirty  days. 

Sec.  18.  (Petitions.)  All  petitions  provided  for  in 
this  act  shall  be  signed  by  none  but  legal  voters  of  the  city 
and  each  petition  shall  contain,  in  addition  to  the  names  of 
the  petitioners,  the  street  and  house  number  in  which  the 
petitioner  resides.  The  signatures  to  such  petition  need 
not  all  be  appended  to  one  paper,  and  at  least  one  of  the 
signers  of  each  such  paper  shall  make  oath  before  some  of- 


10 


ficer  competent  to  administer  oaths,  that  the  statements 
made  in  any  such  petition  are  true  as  he  verily  believes,  and 
that  the  signers  thereon  were  at  the  time  of  signing  such 
petition,  legal  voters  of  the  city  as  he  verily  believes  and 
shall  also  state  in  said  affidavit  the  number  Pf  signers  upon 
the  petition,  or  part  thereof,  sworn  to  by  him,  at  the  time 
he  makes  such  affidavit. 

Sec.  19.  (General  laws  govern.)  All  general  state 
laws  governing  the  several  classes  of  cities  described  in  this 
act  shall,  according  to  the  class  within  which  it  is  embraced, 
apply  to  and  govern  any  city  adopting  this  act  and  electing 
officers  thereunder  so  far,  and  only  so  far,  as  such  laws  are 
applicable  and  not  inconsistent  with  the  provisions,  intent 
and  purpose  of  this  act,  and  all  acts  and  parts  of  acts  in¬ 
consistent  with  the  provisions  of  this  act  shall,  upon  the 
adoption  of  this  act,  by  any  such  city  and  election  of  officers 
thereunder,  be  deemed  and  held  to  be  repealed. 

Sec.  20.  (Appropriations.)  If  at  the  beginning  of 
the  term  of  office  of  the  first  Council  elected  under  the  pro¬ 
visions  of  this  act,  the  approprig^tions  or  distribuion  of  the 
expenditures  of  the  city  government  for  the  current  fiscal 
year  have  been  made,  said  Council  shall  have  power,  by  or¬ 
dinance,  to  revise,  repeal  or  change  such  distribution  or  to 
make  additional  appropriation,  within  the  limit  of  the  total 
taxes  levied  for  such  year. 

Sec.  21.  (Council,  recall.)  Any  of  such  Councilmxen 
may  be  removed  at  any  time  from  office  by  the  qualified 
electors  of  any  such  city.  The  procedure  to  accomplish  the 
removal  of  any  incumbent  of  such  office  shall  be  as  follows: 
A  petition  signed  by  such  electors  equal  in  number  to  at 
least  thirty  per  centum  of  the  highest  vote  cast  at  the  last 
preceding  general  city  election  demanding  an  election  of  a 
successor  to  the  person  sought  to  be  removed  and  naming 
the  candidate  or  candidates  proposed  for  election  to  succeed 
him,  shall  be  filed  with  the  City  Clerk,  which  petition  shall 

•  contain  a  general  statement  of  the  grounds  upon  which  the 
removal  is  sought.  Within  ten  days  from  the  date  of 
filing  such  petition,  the  City  Clerk  shall  examine  it  and  from 
the  voters’  register,  if  the  petition  be  filed  in  any  city  where 
registration  laws  are  in  force,  or  if  not,  then  from  such 
source  as  may  be  available  to  such  clerk,  ascertain  whether 

'  or  not  said  petition  is  signed  by  the  requisite  number  of 
qualified  electors,  and,  if  necessary,  the  Council  shall  allow 
such  clerk  extra  help  for  that  purpose,  and  the  clerk  shall 
attach  to  said  petition  his  certificate  showing  the  result 

#  of  such  examination,  and  if  the  clerk’s  certificate  to  such 
petition  shows  that  it  is  insufficient  in  point  of  numbers 
signed,  it  may  be  amended  within  ten  days  from  the  date 
of  such  clerk’s  certificate  by  the  filing  of  a  supplemental 


11 


petition  signed  and  sworn  to  as  in  the  case  of  the  original 
petition,  and  the  clerk  shall  within  ten  days  after  such 
supplemental  petition  be  filed,  make  a  like  examination 
of  the  supplemental  petition,  and  if  the  certificate  shall 
show  the  supplemental  petition,  together  with  the  original 
petition,  to  contain  the  requisite  number  of  signatures,  the 
clerk  shall  submit  such  original  petition,  and  supplement  to¬ 
gether  with  his  certificates,  without  delay,  to  the  Council 
and  the  Council  shall  order  and  fix,  without  delay,  a  date 
for  holding  an  election,  which  date  shall  not  be  less  than 
thirty  nor  more  than  sixty  days  from  the  date  of  the  clerk’s 
certificate  to  the  Council  showing  the  petition  sufficient. 
Candidates  other  than  those  mentioned  in  the  recall  petition 
herein  provided  for  shall  be  nominated  as  provided  in  this  > 
act  except  that  where  but  one  councilman  is  to  be  voted 
upon  only  the  person  receiving  the  largest  number  of  votes 
of  elector  shall  be  deemed  nominated  and  placed  upon  the 
ballot;  where  two  councilmen  are  to  be  voted  upon  only  the 
two  candidates  receiving  the  largest  number  of  votes  shall 
be  deemed  nominated  and  so  on.  Such  primary  shall  be 
held  upon  the  second  Tuesday  prior  to  the  election.  The 
Council  shall  make,  or  cause  to  be  made,  publication  of 
notice  of  the  time  of  holding  such  election  and  all  arrange¬ 
ments  for  holding  such  election,  and  the  method  and  manner 
of  conducting  the  same  and  canvassing  the  vote  cast  thereat 
and  declaring  the  results  thereof  shall  be  the  same  in  all 
respects  as  at  the  general  or  regular  city  elections  in  any 
such  city,  except  that  the  ballot  used  at  such  election  shall 
be  the  paper  ballot  authorized  by  the  Australian  Ballot 
Law  and  the  ticket  shall  be  printed  in  the  same  manner  as 
herein  provided  for  the  holding  of  elections  at  the  general 
city  election  in  such  city  and  the  names  thereon  so  arranged, 
and  aid  to  voters  restricted  to  the  classes  hereinbefore 
named.  The  successor  of  any  officer  so  removed  shall  hold 
office  during  the  unexpired  term  of  his  predecessor;  and 
any  Councilman  sought  to  be  removed  may  become  a 
candidate  to  succeed  himself,  and  unless  he  requests  other¬ 
wise  in  writing,  the  clerk  shall  place  his  name  on  the  official 
ballot  with  the  other  names  mentioned  in  such  petition. 

In  any  such  removal  election  the  candidate  receiving  the 
highest  number  of  votes  shall  be  declared  elected,  and  at 
such  election  if  some  other  person  than  the  incumbent  * 
receives  the  highest  number  of  votes,  the  incumbent  shall 
thereupon  be  deemed  removed  from  the  office  upon  the 
qualification  of  his  successor,  and  if  the  party  who  receives 
the  highest  number  of  votes  should  fail  to  qualify  and  give 
bond,  as  by  law  provided,  within  ten  days  after  receiving 
notice  of  his  election,  the  office  shall  be  deemed  vacant 
and  shall  be  filled  by  the  remaining  members  of  the  Council 


12 


as  any  other  vacancy  is  filled  in  such  office.  If  the  incum¬ 
bent  receives  the  highest  number  of  votes  cast  at  such  elec¬ 
tion,  he  shall  continue  in  office.  The  foregoing  method  of 
removal  shall  be  cumulative  and  additional  to  the  methods 
otherwise  provided  by  law  for  removing  such  officers. 

Sec.  22.  (Initiative.)  The  right  to  enact  ordinances 
for  any  city  governed  by  this  act  is  hereby  granted  to  the 
qualified  elector  of  such  city.  But  such  grant  is  made  upon 
the  following  conditions  and  in  addition  to  the  right  herein 
granted  to  the  Council  to  legislate.  Whenever  qualified 
electors  of  any  such  city  equal  in  number  to  fifteen  per  cen¬ 
tum  of  the  vote  cast  at  the  last  preceding  city  election  peti¬ 
tion  the  council  to  enact  a  proposed  ordinance  it  shall  be  the 
duty  of  the  Council  to  either  enact  such  ordinance  without 
amendment  within  thirty  days  or  submit  the  same  to  a  vote 
of  the  people  at  the  next  election  held  within  such  city 
regardless  of  whether  or  not  such  election  be  a  city,  county, 
or  state  election. 

Whenever  such  proposed  ordinance  is  petitioned  for  by 
qualified  electors  equal  in  number  to  twenty-five  per  centum 
of  the  vote  cast  at  the  last  preceding  city  election  and  such 
petition  requests  that  a  special  election  be  called  to  submit 
the  proposed  ordinance  to  a  vote  of  the  people  in  the  event 
that  the  council  shall  fail  to  enact  the  same  it  shall  be  the 
duty  of  the  council  to  either  enact  such  ordinance  without 
amendment  within  thirty  days  or  submit  such  ordinance  to 
a  vote  of  the  people  at  a  special  election  called  by  the  coun¬ 
cil  for  that  purpose,  the  date  of  such  election  shall  not  be 
less  than  fifty  days  nor  more  than  seventy  days  after  the 
filing  of  the  petition  for  the  proposed  ordinance.  The  pe¬ 
tition  herein  provided  for  shall  be  in  general  form  and  as 
to  signatures  and  verification  as  provided  in  this  act  shall 
be  filed  with  the  city  clerk,  and  if  there  be  no  city  clerk 
then  with  such  other  officer  having  charge  of  the  records 
of  the  city  council.  Said  officer  shall  immediately  ascertain 
the  per  centum  of  the  voters  signed  to  such  petition  and 
transmit  his  findings  together  with  such  petition  to  the 
Council. 

In  the  event  the  council  shall  fail  to  enact  such  or¬ 
dinance  the  council  shall  submit  same  to  a  vote  of  the  people 
^  of  such  city  as  herein  provided.  The  mayor  shall  issue  a 
proclamation  notifying  the  electors  of  said  election  at  least 
fifteen  days  prior  to  such  election,  and  the  council  shall 
cause  to  have  published  a  notice  of  said  election,  and  a  copy 
of  such  proposed  ordinance  once  in  each  of  the  daily  news- 
#  papers  of  general  circulation  in -said  city  and  if  there  be 
no  daily  newspaper  published  within  such  city  then  once  in 
each  weekly  newspaper  of  general  circulation  in  such  city, 
such  publication  to  be  not  more  than  20  n'or  less  than  5 


13 


days  before  the  submission  of  the  proposed  ordinance  to  the 
electors.  All  proposed  ordinances  shall  have  a  title  which 
shall  state  in  a  general  way  the  purpose  and  intent  of  such 
ordinance.  The  ballots  used  when  voting  upon  such  pro¬ 
posed  ordinance  shall  contain  the  following:  ‘‘h'or  the 
ordinance”  (set  forth  the  title  thereof)  and  “Against  the 
ordinance”  (set  forth  the  title  thereof). 

If  a  majority  of  the  electors  voting  on  the  proposed  or¬ 
dinance  shall  vote  in  favor  thereof  such  ordinance  shall 
thereupon  become  a  valid  and  binding  ordinance  of  the  city; 
and  an  ordinance  so  adopted  shall  not  be  altered  or  modified 
by  the  council  within  one  year  after  the  adoption  thereof 
by  the  people.  Any  number  of  proposed  ordinances  may  be 
voted  upon  at  the  same  election  in  accordance  with  the  pro¬ 
visions  of  this  section,  provided,  that  the  same  measure 
either  in  form  or  essential  substance  shall  not  be  submitted 

oftener  than  once  in  two  vears. 

•> 

Sec.  23.  (Referendum.)  No  ordinance  passed  by 
any  such  council,  except  when  otherwise  required  by  the 
general  laws  of  the  state,  or  by  other  provisions  of  this  act, 
except  ordinances  appropriating  money  to  pay  the  salary  of 
officers  and  employes  of  the  city,  urgency  ordinances  for  the 
immediate  preservation  of  the  public  peace,  health  or  safety 
and  which  contain  a  statement  of  such  urgency,  shall  go 
into  effect  before  fifteen  days  from  the  time  of  its  final  pas¬ 
sage;  and  if  during  said  fifteen  days  a  petition,  signed  and 
verified  as  hereinbefore  provided,  by  electors  of  the  city 
equal  in  number  to  at  least  fifteen  per  centum  of  the  highest 
number  of  votes  cast  for  any  of  such  councilmen  at  the  last 
preceding  general  city  election,  protesting  against  the  pas¬ 
sage  of  such  ordinance,  be  presented  to  such  council,  then 
such  ordinance  shall  thereupon  be  suspended  from  going 
into  operation,  and  it  shall  be  the  duty  of  the  Council  to 
reconsider  such  ordinance;  and  if  the  same  be  not  entirely 
repealed  by  such  council,  then  the  said  council  shall  pro¬ 
ceed  to  submit  to  the  voters  such  ordinance  at  a  special 
election  to  be  called  for  that  purpose  or  at  general  city 
election;  and  such  ordinance  shall  not  go  into  effect  or  be¬ 
come  operative  unless  a  majority  of  the  qualified  electors 
voting  on  the  same  shall  vote  in  favor  thereof.  Such  peti¬ 
tion  shall  be  in  all  respects  in  accordance  with  the  provisions  ^ 
of  this  act  relating  to  signatures,  verification,  inspection  and 
certification. 

Sec.  24.  (Commission  plan  abandoned.)  Any  city  * 
which  shall  have  operated  for  more  than  four  years  under 
the  provisions  of  this  act  may  abandon  the  provisions  of  this  » 
act  and  the  organization  thereunder,  and  accept  the  provis¬ 
ions  of  the  general  law  o:  the  state  then  applicable  to  cities 
of  its  population,  by  proceeding  as  follows: 


14 


Upon  a  petition  signed  by  such  number  of  the  quali¬ 
fied  electors  of  any  such  city  as  equals  at  least  twenty-five 
per  centum  of  the  highest  vote  cast  for  any  of  the  Council- 
men  elected  under  this  act  at  the  last  preceding  general  or 
regular  election  in  any  such  city,  being  filed  with  and  found 
sufficient  by  the  City  Clerk  or  Clerk  of  such  Council,  a  special 
election  shall  be  called  in  any  such  city,  at  which  special 
election  the  following  proposition  only  shall  be  submitted: 
“Shall  the  City  of  (name  of  city)  abandon  its  organization 
under  (naming  the  chapter  of  the  published  law  containing 
this  act)  and  become  a  city  under  the  general  laws  of  the 
state  governing  cities  of  like  population?’’  If  a  majority 
of  the  votes  cast  at  any  such  special  election  be  in  favor  of 
such  proposition,  the  officers  elected  at  the  next  succeeding 
general  city  election  in  any  such  city  shall  be  those  then 
prescribed  by  the  general  law  of  the  state  for  cities  of  like 
population,  and  upon  the  qualification  of  such  officers,  ac¬ 
cording  to  the  terms  of  such  general  state  law,  such  city 
shall  become  a  city  governed  by  and  under  such  general 
state  law;  provided,  however,  that  if  such  special  election 
be  not  held  and  the  result  thereof  declared  at  least  fifty 
days  before  the  general  election  date  in  any  such  city,  then 
such  city  shall  continue  to  be  governed  under  the  provisions 
of  this  act  until  the  second  general  dty  election  occurring 
after  the  date  of  such  special  election,  and  at  such  general 
city  election  the  officers  provided  by  such  general  state  law 
for  the  government  of  any  such  city  shall  be  elected  and 
upon  their  qualification  the  terms  of  office  of  the  Councilmen 
elected  under  the  provisions  of  this  act  shall  cease  and  ter¬ 
minate. 

The  sufficiency  of  the  petition  asking  for  such  special 
election  shall  be  ascertained  by  the  City  Clerk  in  the  same 
manner  as  is  heretofore  provided  as  to  petitions  asking  for 
the  removal  of  any  such  Councilmen  and  such  petition  may 
be  supplemented  and  the  sufficiency  thereof  ascertained  in 
the  manner  hereinbefore  pointed  out  for  such  removal  and 
the  date  of  holding  such  special  election  after  the  sufficiency 
of  such  petition  be  ascertained  shall  be  the  same  as  herein¬ 
before  pointed  out  for  such  removal  and  the  general  form 
of  the  ballot  to  be  used  at  such  special  election  shall  be  the 
same  as  hereinbefore  pointed  out  for  such  removal  and  the 
4  general  form  of  the  ballot  to  be  used  at  such  special  elec¬ 
tion  shall  be  the  same  as  hereinbefore  provided  for  voting 
^  upon  the  adoption  of  this  act,  and  the  qualification  of  the 
electors  and  the  classes  of  voters  who  may  be  aided  in  cast- 
^  ing  their  ballots  at  such  special  election  shall  be  the  same 
as  hereinbefore  pointed  out  for  the  election  of  Councilmen 
under  the  provisions  of  this  act. 

Approved  April  7,  1911. 


15 


i 

m 


